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Discharges of pollutants in any manner in violation of this chapter or of any order issued by the Board as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Board. Any person creating a public nuisance is guilty of an ordinance violation.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
If any person discharges sewage, industrial wastes or other wastes into a city's municipal separate storm sewer system (MS4) contrary to this chapter, ordinance, federal or state pretreatment requirements, or any order of the city, the city or Board Attorney may commence an action for appropriate legal relief, equitable relief or both in the applicable court.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
When a discharge of wastes causes an obstruction, damage, or any other impairment to Board facilities, the Board may assess a charge against the user for the work required to clean or repair the facility, and add that charge to the user's charges and fees.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
Any person who knowingly makes any false statement of representation, record, report, plan or other documents filed with the Board or who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required under this section shall be subject to the penalties set forth in § 53.064.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) Suspension due to illicit discharges in emergency situations. The Board may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Board may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the State of Indiana, or to minimize danger to persons.
(B) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Board or its authorized agent will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board for a reconsideration and hearing.
(C) Offense. A person commits an offense if the person reinstates an access to a MS4 terminated pursuant to this section, without the prior approval of the Board.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)
(A) Any user which has violated a prohibition or continues to violate this chapter, or failed to meet a requirement of this chapter shall be liable to the Board for a minimum civil penalty of $1,000 per violation per day.
(B) The Board may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by Board facilities.
(C) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(D) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)